BYBEE TORTURE MEMO PDF

February 19, Link Copied "Poor judgment" -- but not guilty of professional misconduct. The Margolis report does not exonerate Yoo or Bybee. And the OPR report contains plenty of suggestions of potential misconduct -- unrebutted by Margolis. Read the report here The documentation that would provide this is missing -- see footnote three -- relevant e-mails from Yoo and a deputy could not be found.

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February 19, Link Copied "Poor judgment" -- but not guilty of professional misconduct. The Margolis report does not exonerate Yoo or Bybee. And the OPR report contains plenty of suggestions of potential misconduct -- unrebutted by Margolis. Read the report here The documentation that would provide this is missing -- see footnote three -- relevant e-mails from Yoo and a deputy could not be found.

The scenario is this. Yoo writes his memo analyzing the torture statutes. Ashcroft flatly turns them down. Yoo is asked by a colleague why he added those two paragraphs. They "underexplored" them and "overstated" the confidence that their own arguments were correct. Who is Margolis? John Conyers, the chairman of the Judiciary Committee, has already announced hearings, as has Sen. Patrick Leahy, the chairman of the Judiciary Committee in the Senate.

Jeff Sessions has already intoned that the report justifies enhanced interrogation techniques. No one ought to be fully satisfied: the report does not conclude that torture is legal -- only that there was a reasonable chance that lawyers, operating under certain assumptions, might have authorized those techniques -- even if their analysis was flawed.

The report will anger those who hoped that the disbarment of Yoo and Bybee would be the first real step in holding the Bush administration accountable for sanctioning torture. No one is vindicated here, and no one goes without blame -- even Jack Goldsmith, the OLC attorney who urged that the memo be rescinded, comes in for criticism. The White House has no fingerprints on this. Had they tried to intervene, it would have amounted to the type of political interference that the Department is supposed to resist.

What happens now? Expressions of outrage, and calls for Eric Holder to appoint a special prosecutor based on the OPR findings -- which -- as noted above -- Margolis cannot challenge. The OPR report is official; it is a weird quirk of our system that another official gets to decide whether the after-action report, as it were, reflects the action itself.

We want to hear what you think about this article. Submit a letter to the editor or write to letters theatlantic. Marc Ambinder is a former contributing editor at The Atlantic.

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Torture Memos

Specifically, the White House asked how the Act changed the extent to which grand jury information could be shared with the president and other federal officials. Bybee, now a judge on the U. Court of Appeals for the Ninth Circuit, crafted a previously undisclosed interpretation of the law that is breathtaking in its sweep. The notion that grand jury testimony should be secret dates back to at least the seventeenth century. The rules governing disclosure of grand jury proceedings are set by the Federal Rules of Criminal Procedure; prior to the PATRIOT Act, those rules declared that grand jury information could be shared only under certain circumstances, such as when the material was necessary to assist a prosecutor. However, disclosures had to be reported to a judge, and everyone receiving the information had to be told of its confidentiality.

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"Poor Judgment" -- Yoo, Bybee And The Torture Memos

Administration officials responded by releasing hundreds of pages of previously classified documents related to the development of a policy on detainees. Additional documents were released in December and January by the American Civil Liberties Union, which filed a civil lawsuit seeking to discover the extent of abuse of prisoners by the military. Those papers are posted at aclu. Yoo, a University of California law professor who was serving in the department, provided arguments to keep United States officials from being charged with war crimes for the way prisoners were detained and interrogated. The memorandums, principally one written on Jan. That would keep American officials from being exposed to the federal War Crimes Act, a law that carries the death penalty.

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